Michelson v. United States (335 U.S. 469)
U.S. Supreme Court · decided December 20, 1948 · Supreme Court Database (Spaeth)
- Citation
- 335 U.S. 469 · 69 S. Ct. 213
- Docket
- No. 23
- Argued
- October 14, 1948
- Decided
- December 20, 1948
- Term
- October Term 1948
- Vote
- 7–2
- Majority author
- Justice Jackson (R.H.)
- Issue area
- Criminal Procedure
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
How the Justices voted
- Majority
- Chief Justice Vinson, Justice Burton, Justice R. H. Jackson (wrote), Justice Douglas, Justice Frankfurter (wrote a concurrence), Justice Reed, Justice Black
- Dissenting
- Justice Rutledge (wrote), Justice Murphy
Opinion excerpt
Me. Justice Jackson delivered the opinion of the Court. In 1947 petitioner Michelson was convicted of bribing a federal revenue agent. The Government proved a large payment by accused to the agent for the purpose of influencing his official action. The defendant, as a witness on his own behalf, admitted passing the money but claimed it was done in response to the agent’s demands, threats, solicitations, and inducements that amounted to entrapment. It is enough for our purposes to say that determination of the issue turned on whether the jury should believe the agent or the accused. On direct examination of defendant, his own counsel brought out that, in 1927, he had been convicted of a misdemeanor having to do with trading in counterfeit watch dials. On cross-examination it appeared that in 1930, in executing an application for a license to deal in second-hand jewelry, he answered “No” to the question whether he had theretofore been arrested or summoned for any offense. Defendant called five witnesses to prove that he enjoyed a good reputation. Two of them testified that their acquaintance with him extended over a period of about thirty years and the others said they had known him at least half that long. A typical examination in chief was as follows: “Q. Do you know the defendant Michelson? “A. Yes. “Q. How long do you know Mr. Michelson? “A. About 30 years. “Q. Do you know…
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